They do not recognize any status of lawfulness for combatants in conflicts not involving two or more nation states, such as during civil wars between government's forces, and insurgents. The Geneva Conventions apply in wars between two or more sovereign states. There are other international treaties that deny lawful combatant status for mercenaries and children.Ĭapture of a " Franc-Tireur", by Carl Johann Lasch.
Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements.
Person who engages in armed conflict in violation of the laws of warĪn unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions.
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